This Unlimited Software License agreement is designed for use in the Indian market when a perpetual, non-revocable license is required for software products. It provides comprehensive coverage of all aspects of software licensing, including detailed terms for usage rights, implementation, support, and maintenance. The agreement is structured to comply with Indian legislation, particularly the Information Technology Act, 2000, the Copyright Act, 1957, and relevant data protection regulations. It is typically used for enterprise-level software deployments where the licensee requires long-term, unrestricted use of the software without recurring license renewals. The agreement includes provisions for protecting intellectual property rights while ensuring the licensee has sufficient rights to effectively utilize the software for their business needs.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the software and intended use
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope of the license, usage rights, and any territorial restrictions
5. Delivery and Implementation: Terms regarding software delivery, installation, and acceptance criteria
6. License Fees: Payment terms, fee structure, and payment schedule
7. Intellectual Property Rights: Protection of IP rights, ownership declarations, and restrictions
8. Warranties and Representations: Warranties regarding software functionality, ownership, and compliance with laws
9. Support and Maintenance: Terms for ongoing technical support and software updates
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and grounds for termination
12. Indemnification: Mutual indemnification obligations and procedures
13. Limitation of Liability: Caps on liability and excluded damages
14. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires access to source code under specific conditions
2. Data Protection and Privacy: Detailed data protection obligations, required when personal data processing is involved
3. Export Control: Compliance with export control laws, needed for international licensing
4. Third-Party Software: Terms regarding incorporated third-party software components
5. Training and Documentation: Provisions for user training and technical documentation, if included in the license
6. Service Level Agreement: Specific performance metrics and remedies, needed for business-critical applications
7. Disaster Recovery: Business continuity and disaster recovery obligations, important for enterprise software
8. Insurance: Insurance requirements and coverage obligations
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and pricing terms
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms
4. Schedule 4 - Service Level Agreement: Technical performance metrics, availability requirements, and remedies
5. Schedule 5 - Implementation Plan: Timeline and milestones for software deployment and acceptance testing
6. Appendix A - Authorized Users: List of authorized users or user categories and access levels
7. Appendix B - Technical Requirements: Hardware and software requirements for running the licensed software
8. Appendix C - Security Requirements: Security standards and protocols to be followed
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